商务合同长句特点与翻译策略学年论文改稿

1、 Contents摘要1Abstract.11. Introduction.22. Characteristics of Long Sentences in English Business Contract 32.1 Definition and Classification of Long Sentence.42.2 Characteristics of Simple Long Sentence in Business Contract53.3 Characteristics of Compound Long Sentence in Business Contract.63.4 Chara

2、cteristics of Coordinate Long Sentences in Business Contract.73. The Translation Strategies of Long Sentences in Business contract.83.1 Translation Theories.93.2 Business English Translation Principles103.3 Strategies of Translating Long Sentence.114. Conclusion.11i摘要随着全球经济一体化的不断推进，尤其是在我国正式加入WTO 之后，

3、我国对外经济贸易日益频繁，取得了快速发展。大量涉与法律方面的外文合同、文书日益增多，需要这方面相应的翻译人才。英语商务合同依法订立，就成为一种法律文件对缔约双方具有法律约束力，它是国际商务活动中解决争议的法律依据。英语商务合同的特点为周密严谨、句式较长，因此英语商务合同的翻译对译者提出较高的要求。本文通过例句说明、分析商务合同长句特点提出相应的翻译策略。关键词：商务合同；翻译策略；长句特点AbstractWith the advancement of global economic integration, especially after Chinas accession to the WT

4、O, foreign economic relations and trade have been increasing rapidly. Due to a lot of foreign contracts relating to law and legal instrument spring up between our country and foreigners, international business translation has certainly become a significant task for translation researchers. Since bus

5、iness contract has been legally formatted, it will be regarded as a kind of legal documents which have binding force for contract parties and also be regarded as legal basis to settle disputes in the international business activities. The characteristics of English business contract are so precise a

6、nd complex that translation of English business contract proposes higher demand for translators. This article aims at analyzing and explaining the characteristics of long sentences by example to find various translation strategies.Key Words：business contract; translation strategies; characteristics

7、of long sentences OnTranslation StrategiesOf Long Sentences English Business ContractsLi qinyiSchool of Foreign Languages 4011201. Introduction Along with the high speed of the Reform and Opening-up, China has been deeply joining in the club of the world, that is to say, full-scale communications ar

8、e arising with the outside world, in Chinas every field such as education, economy, trade and science. At the same time, more and more Chinese tend to sign contracts with foreigners. High quality contracts are of vital importance to the success of business. However, due to the differences in languag

9、e, culture and legal system, many people, especially the businessmen are frustrated by various unavoidable legal disputes. To avoid these disputes, contracts applied in international business affairs shall be interpreted and defined without any ambiguity. Therefore, people who are good at dealing wi

10、th both domestic and foreign cases flexibly are in an urgent need under the current economy situation. Based on what has talked about above, the translation of English business contract and other legal document has become an important task recently. As we all know, it is not difficult to find long s

11、entences in English business contract. This thesis puts its aim at alleviating these disputes by analyzing the characteristics and translation strategies of long sentences in English business contract. It is necessary to acquaint oneself with the definition of contract before getting down to English

12、 business contract. The origin of the term “contract” comes from the Latin word “contractus”, meaning “to draw together”. Nowadays, this term, in a broad sense, is an agreement between two or more persons, concerning something to be done, whereby both parties are bound to each other, or one is bound

13、 to the other.Under Chinas Laws, contract is defined to focus on its functions, meaning that “A contract refers to an agreement establishing, modifying and terminating the civil rights and obligations between subjects of equal footing, that is, between natural persons, legal persons or other organiz

14、ations.”(2nd Article, Chinas Contract Law, 1999).Only if there is a foreign element, business contract can be called a foreign contract. It is a written agreement signed in accordance with relevant laws to specify the respective rights and obligations of the parties. 3. Characteristic of Long Senten

15、ces in English Business Contract 3.1 Definition and Classification of Long SentenceLong sentences are often complicated in grammar, excessive in modifier and intricate in content. Lots of long sentences are used in the English business contract which can be divided into three parts, such as simple l

16、ong sentence, compound long sentence and coordinate long sentence.3.2 Characteristics of Simple Long Sentence in Business ContractThe characteristics of English and Chinese are different in word, place order, grammar and structure. As a general rule, simple long sentences are often long in words, fe

17、w in verbs, flexible in place orders, and balanced in structures. When translating the simple long sentence, we should firstly make a clear understanding of related logic relationship between every component. Then cut them into small pieces, find out the Kernel words, change the place of the sentenc

18、e and finally translate them into Chinese. (1) The buyers may, within 15 days after arrival of the goods at the destination, lodge a claim against the seller for short weight being supported by Inspection Certificate issued by a reputable public survey.货物抵达目的港15天，买方可以凭有信誉的公共检验员出示的检验证明向卖方提出短重索赔。(2) W

19、ithin 30 days after the signing and coming into effect of this contract, the Buyer shall proceed to pay the price for the goods to the Seller by opening an irrevocable L/C for the full amount of USD 30,000 in favor of the Seller through a bank at export.买房须于本合同签字并生效30天通过出口地银行开立以卖方为收益人的不可撤销信用证支付全部货款计

20、30000美元。3.3 Characteristics of Compound Long Sentence in English Business ContractEnglish business contract usually uses compound long sentences which contain several subordinate clauses aim at keeping the contract rigorous. The sentences are complicated in grammar, long in structure, but clear in c

21、ontent. When translating this type of long sentence, we must seek out the relationship of each subordinate clause, bear in mind the important and unimportant clause, grasp the kernel sentence, explain the subordinate clause and transmit the original meanings.(3)This Agreement made this twentieth day

22、 of December 2000 between The International Transportation Co. Ltd. of 98 Wuyi Road, the City of Changsha, Party A, and The Far East Trading Co. Ltd. of 29 Piccadilly, the City of London, UK Party B.Witnesses:That party A, in consideration of the agreement hereinafter contained of Party B, that he w

23、ill deliver, in good and marketable condition, to Party B, during the month of March of next year, five thousand cases of sea, in the following lots, and on the following specified terms: one thousand cases by the eighth of March, one thousand cases additional by the fifteenth of the month , one tho

24、usand cases more by the twenty-second, and the entire five thousand cases to be all delivered by the thirtieth of March. 合同签订于2000年12月20日，市五一路98号的国际运输为甲方，英国伦敦皮卡迪利大街29号的远东贸易为乙方。兹约定，考虑到乙方的许诺，甲方与乙方订立协议并同意：由甲方负责，于订约之翌年3月份一月向乙方运送质地优良、符合行销标准的5000箱茶叶，并按下列期限分批交货。即：到3月8日止,交货1000箱，至3月30日全部5000箱茶叶如数交迄。(4) The

25、Buyer shall pay the Seller US $350,000 within 20 days after the Bank of China has received the following documents from the Seller and found them in order, but not earlier than 12 months after the date the Contract Plant for the first time reached 95% of guaranteed capacity of the whole Contract Pla

26、nt according to the guaranteed quality indices as per Annex to the Contract or 65 months after the date of signing the contract, whichever is earlier.买方须于中国银行收到卖方下列单据，并经审核证实无误后的20天向卖方支付350，000美元，但此款项的支付不得早于合同工厂第一次达到附件所规定之质量保证指标的95%以后的12个月，或本合同签字后的65个月，以早到的日期为准。3.4 Characteristics of Coordinate Long

27、Sentences in Business ContractWhen drafting a contract, we should never forget any possibilities. So English Business contract usually contains several juxtaposition clauses which include a few words, phrases, and subordinate clauses. When translating the juxtaposition sentence which formed by two o

28、r more juxtaposition simple clauses, we often cut the long sentence into several simple clauses and translate into Chinese according to the customs. (5) The buyer shall have the right to claim against the Seller for compensation of losses within 60 days after arrival of the goods at the port of dest

29、ination, should the quality of the goods be found not in conformity with the specifications stipulated in the Contract after reinsertion by the China Commodity Inspection Bureau and the Buyer shall have the right to claim against the Sellers for compensation of short weight within 60 days after arri

30、val of the goods at the port of destination, should the weight be found not in conformity with that stipulated in the Bill of Lading after re-inspection by the CCIB.若货物经中国商品检验局复检后发现质量与本合同规定不符，买方有权于货物抵达日的港后的60天向卖方提出索赔。若经中国商品检验局复检发现货物质量与提所示重量不符，买方有权于货物抵达日的港后的60天向卖方提出短重索赔。4. The Translation Strategies

31、of Long Sentences in Business Contract4.1 Translation Theories4.1.1 Nidas Theory of Functional EquivalenceWhen talking about language theories, Eugene A. Nida, a well-known American translation theorist can not be ignored, whose works make him respected all around the world.He is the first one who h

32、as found the term “dynamic equivalence”, meaning the equivalence in terms of extra-linguistic communication effect as well as the “closest natural equivalent”. In the process of business contract translation, it is of significance to realize the objective that parties concern in the translated versi

33、on. The parties should understand and appreciate the stipulations made in the contract concerning the rights and liabilities of each party. To realize this, we may as well adopt Eugene A. Nidas theory functional equivalence as the principle of business contracts translation. Functional equivalence m

34、eans that translation not only shall be in conformity with the message of the original text, but also shall reflect the form as much as possible.4.1.2 Tytlers Three Principles of TranslationAlexander Fraser Tytler, a famous English translator proposes three principles of translation which include a)

35、 The translation script should have a complete and exact transfer of the ideas of the original one; b) The writing styles and manners should be of the same characteristics as those of the original; and c) The translation works should be understood easily like the original one.4.1.3 Yan Fus Triple Pr

36、inciple It is widely accepted that Yan Fus three principles are one of the most important theory for hundreds of years in Chinas Translation theory history. In the preface of his book Ethics and Evolution, Yan Fu puts forward his translation proposition, namely Xin, Da and Ya,(信、达、雅) or Faithfulness

37、, Expressiveness, and Elegance, which formulate his classic tripartite criteria for excellent translation tasks.4.1.4 Qian Zhongshus Theory of TranslationQian Zhongshu proposes a specific translation theory “ Perfection Model(化境)”, which implies that translation should contain the same idea between

38、the source language and the target language when foreigners read. So the translator should reproduce the target version in a most appropriate way. 4.1.5 Fu Leis Theory of Translation Fu Lei, one of the distinguished Chinese translators, has proposed that practitioners spare no efforts for “similarit

39、ies in spirit rather than being similar in the shape, namely Similarity of Spirit Model (重神似不重形似)”. This theory has some practical functions in the professional field of business contract translation where long and complicated sentences are frequently used. So translators usually break long sentence

40、s into short ones but they can also express the same connotations in essence. 4.2 Business English Translation PrincipleDue to the translation of English Business contract is different from ordinary English translation and literary translation, the translator should not only have solid bilingual bas

41、ic skill, but also have a good knowledge of every aspect of business contract such as the characteristics of terms and methods usually used in business.4.3 Strategies of Translating Long Sentence4.3.1 Ordering Some long sentences in English business contract are constructed by the order of primary,

42、time, logic, and secondary. We can translate them into Chinese according to the original structure order.(6)The world is undergoing profound changes: the integration of economy with science and technology is increasing, the restructuring of the world economy is speeding up, and economic prosperity d

43、epends not only on the total volume of resources and capital, but also directly on the accumulation and application of technological knowledge and information. 世界正在发生深刻的变化：经济与科学技术的结合与日俱增；世界经济的重组加快步伐；经济繁荣不仅仅取决于资源和资本的总量，而且直接有赖于技术知识和信息的积累与其应用。(7)And, only by maintaining rapid economic growth on the bas

44、is of better performance, can we mitigate the operating problems plaguing our enterprises, lighten unemployment pressure, promote strategic restructuring of the economy, increase state revenue, prevent financial risks and maintain social stability. 只有在提高效益的前提下保持快速的经济增长，我们才能缓解企业生产经营困难，减轻就业压力，促进经济结构调整

45、，增加财政收入，防金融风险，保持社会稳定4.3.2 Reversing of OrderAs we all know, the formation of English and Chinese are based on different backgrounds, so the order of some sentences in English are opposite to the Chinese expression customs. The reversing method means we can translate this type of sentence from the ba

46、ck. (8) It should be the pressing task in international postal cooperation to actively help developing countries overcome difficulties in their development of postal services and to energetically narrow the gap between the developing and the developed countries in this field. 积极帮助发展中国家克服邮政建设中面临的困难，努

47、力缩小发展中国家与发达国家在邮政领域的差距，应成为国际邮政合作的当务之急。(9) Fourth, severe punishment shall be imposed on those who make use of or instigate minors to smuggle, traffic, transport or manufacture drugs, sell drugs to minors , or lure, instigate, deceive or force them into taking or injecting drugs, and on those who have

48、 again committed drug-related crimes after having been convicted of the crime of smuggling, trafficking, transporting, manufacturing or illegally holding drugs. 其四，对利用、未成年人走私、贩卖、运输、制造毒品，或者向未成年人出售毒品的，引诱、欺骗或者强迫未成年人吸食、注射毒品的，因走私、贩卖、运输、制造、非法持有毒品罪被判过刑又有毒品罪行为的，从重处罚。4.3.3AdjustingSometimes, we should adjust

49、 the order of original clause due to the differences between Chinese and English.(10)The documentary credit offers a unique and universally used method of achieving a commerciallyacceptable compromise by providing for payment to be made against documents that represent the goods and make possible th

50、e transfer ofrights to those goods.跟单信用证提供了一种独特的，全世界都采用的方法，即凭代表货物的单据付款，从而使货权的转移成为可能。这是一种商业上可以接受的这种方式。4.3.4 SeparatingSeparating method refers to the strategy that we can pick out and translate the modifier of the original sentence when main sentence and subordinate clauses are not bound tightly. (11

51、)And confidence is growing in the debt-restructuring progress, the infuriatingly slow and untidy effort that puts debtor nations on the International Monetary Funds stringent diet of hardnosed monetary policy, curtailed government spending, and fewer imports. 人们对以下诸方面的信心正在增强：在重新确定债务过程中的信心正在增强；在改变让债务

52、国在执行国际货币基金组织的严厉货币紧缩政策时所持的令人气愤而拖拉疲沓的作风方面的信心正在增强；在政府削减开支方面的信心正在增强，在少量进口外国产品方面的信心正在增强。4.3.5 SynthesizingSynthesizing refers to the strategy that when you have trouble in the process of translating, you can choose one or all of the strategies the author has talked about above. (12)International counter trade is a practice whereby a supplier commits contrac